IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.40717 / 2019 (GM-RES-PIL) BETWEEN:
1. SRI SOMALINGA S/O RAVATAPPA MADAR AGED ABOUT 52 YEARS OCC: AGRICULTURE & BUSINESS R/O THAMBA-586215 TQ: INDI, DIST: VIJAYAPUR – 586101 2. SRI SHANKARAPPA S/O SIDDARAYA HAVINAL AGED ABOUT 40 YEARS OCC: AGRICULTURE R/O THAMBA TQ: INDI, DIST: VIJAYAPUR 3. SMT. RAJASHREE W/O SURESH BHANDARKOTE AGED ABOUT 36 YEARS OCC: BUSINESS R/O THAMBA TQ: INDI – 586 209 DIST: VIJAYAPUR-586101 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI SHARANABASAPPA S/O MONAPPA SARASAMBI AGED ABOUT 42 YEARS OCC: ENGINEER R/O THAMBA-586215 TQ: INDI, DIST: VIJAYAPUR-586101 4. SRI SHARANABASAPPA S/O MONAPPA SARASAMBI AGED ABOUT 42 YEARS OCC: ENGINEER R/O THAMBA TQ: INDI, DIST: VIJAYAPUR-586101 ... PETITIONERS (BY SHRI I.G. GACHCHINAMATH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT (RDPR) VIDHANA VEEDHI BENGALURU-1 2. THE DEPUTY COMMISSIONER VIJAYAPUR DISTRICT VIJAYAPUR – 586101 3. THE ASSISTANT COMMISSIONER INDI, TQ: INDI – 586209 DIST: VIJAYAPUR – 586101 4. THE TAHASILDAR INDI, TALUKA INDI – 586209 DIST: VIJAYAPUR – 586101 5. THE PANCHAYAT DEVELOPMENT OFFICER THAMBA – 586215 TQ: INDI, DIST: VIJAYAPUR-586101 6. SRI RACHAPPA S/O MAHADEVAPPA GALED AGED ABOUT 55 YEARS OCC: BUSINESS R/O THAMBA-586215 TQ: INDI, DIST: VIJAYAPUR-586101 .... RESPONDENTS (BY SHRI B.V. KRISHNA, AGA FOR R1 TO R4; R5 & R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURES-J TO J3 DATED 04.10.2017 AND FURTHER DIRECT THE RESPONDENTS NO.1 TO 5 TO REMOVE THE ENCROACHMENT UPON THE PUBLIC ROAD LYING IN BETWEEN THE PROPERTY BEARING NO.1517 (SY.NO.1035/X9 AND X15) AND PROPERTY NO.1518 (SY.NO.1035/X8) WHICH MEASURES 20 FEET AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the first to fourth respondents.
2. The learned Additional Government Advocate states that the fifth respondent is the officer who has the authority to take action.
3. The grievance of the petitioners is that the sixth respondent has encroached upon the public road and therefore, representations were made to various authorities on 4th October 2017. On 17th August 2018, an application was made by the petitioners for conducting a survey.
4. Though the fifth respondent is served, he has not caused appearance before the Court. Hence, we pass the following order:
(i) We direct the petitioners to immediately provide copies of the representations at Annexures-J1 to J3 to the fifth respondent;
(ii) The fifth respondent shall ensure that a survey is carried out with a view to ascertain whether there is any encroachment made on the public road subject matter of this petition as alleged by the petitioners;
(iii) If the survey reveals that there is an encroachment made by the sixth respondent or any other person on the public road, the fifth respondent shall initiate appropriate proceeding in accordance with law for removal of the encroachment;
(iv) The aforesaid action shall be taken by the fifth respondent within a period of two months from the date on which the copies of the representations at Annexures-J1 to J3 are supplied to him;
(v) We direct the fifth respondent to report compliance of the aforesaid directions by addressing a communication to the petitioners or their advocate within a period of three months from the date on which the copies of the aforesaid representations are supplied to him;
(vi) We make it clear that we have made no final adjudication on the question whether there has been any encroachment on the public road as alleged by the petitioners;
(vii) Accordingly, the writ petition is disposed of on the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN